Determination Under the Textile and Apparel Commercial Availability Provision of the Dominican Republic-Central America-United States Free Trade Agreement (“CAFTA-DR Agreement”), 51190-51191 [2016-18345]

Download as PDF asabaliauskas on DSK3SPTVN1PROD with NOTICES 51190 Federal Register / Vol. 81, No. 149 / Wednesday, August 3, 2016 / Notices also be submitted by facsimile to (301) 713–0376, or by email to NMFS.Pr1Comments@noaa.gov. Please include the File No. in the subject line of the email comment. Those individuals requesting a public hearing should submit a written request to the Chief, Permits and Conservation Division at the address listed above. The request should set forth the specific reasons why a hearing on this application would be appropriate. FOR FURTHER INFORMATION CONTACT: Sara Young or Amy Sloan, (301) 427–8401. SUPPLEMENTARY INFORMATION: The subject permit is requested under the authority of the Marine Mammal Protection Act of 1972, as amended (MMPA; 16 U.S.C. 1361 et seq.), the regulations governing the taking and importing of marine mammals (50 CFR part 216). The applicant proposes to study the thermoregulatory strategies (insulation, thermogenic mechanisms) by which Weddell seal pups maintain euthermia in air and in water and examine the development of diving capability (oxygen stores) as the animals prepare for independent foraging. This study will take place near McMurdo Station in Antarctica. In each field season (two field seasons total), nine pups (18 total) will be handled at five time points between two days and eight weeks of age. Protocols not requiring sedation (mass, morphometrics, core and surface temperatures, metabolic rates) will be conducted on all nine individuals at all five time points under manual restraint. Protocols requiring anesthesia (body composition, biopsies, and blood volume analysis) will be sampled twice for each animal: Once between two days and four weeks of age, and again at six weeks; one additional anesthesia procedure will be conducted for a single blood draw at seven or eight weeks. An additional 12 pups will be handled for vibrissae sampling annually, and a second cohort of nursing pups may be handled annually if study animals are not relocated at any of the 5 time points for resampling. The applicant is also proposing to take up to 700 animals for flipper tag reading, thermal imaging, and incidental harassment due to work with conspecifics. Up to six pup mortalities are requested annually, not to exceed ten over the two field seasons. The permit would be valid for three years. In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), an initial determination has been made that the activity proposed is categorically excluded from the requirement to VerDate Sep<11>2014 18:21 Aug 02, 2016 Jkt 238001 prepare an environmental assessment or environmental impact statement. Concurrent with the publication of this notice in the Federal Register, NMFS is forwarding copies of the application to the Marine Mammal Commission and its Committee of Scientific Advisors. Dated: July 28, 2016. Julia Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2016–18298 Filed 8–2–16; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XE777 Gulf of Mexico Fishery Management Council; Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public meeting. AGENCY: The Gulf of Mexico Fishery Management Council will hold a Post Council Meeting Briefing for the public via Webinar. DATES: The meeting will be held from 6 p.m. to 9 p.m. on Wednesday, August 24, 2016. ADDRESSES: The meeting will take place via Webinar at: https:// attendee.gotowebinar.com/register/ 7233203590071678980. Council address: Gulf of Mexico Fishery Management Council, 2203 N. Lois Avenue, Suite 1100, Tampa, FL 33607; telephone: (813) 348–1630. FOR FURTHER INFORMATION CONTACT: Emily Muehlstein, Fisheries Outreach Specialist, Gulf of Mexico Fishery Management Council; emily.muehlstein@gulfcouncil.org, telephone: (813) 348–1630. SUPPLEMENTARY INFORMATION: SUMMARY: Agenda I. Welcome and Introductions II. Review of Council actions taken during the August, 2016 Council Meeting III. Questions and Answers IV. Adjourn You may register for the Post August Council Meeting Briefing Webinar at: https://attendee.gotowebinar.com/ register/7233203590071678980. After registering, you will receive a confirmation email containing information about joining the Webinar. PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 Authority: 16 U.S.C. 1801 et seq. Dated: July 29, 2016. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016–18373 Filed 8–2–16; 8:45 am] BILLING CODE 3510–22–P COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS Determination Under the Textile and Apparel Commercial Availability Provision of the Dominican RepublicCentral America-United States Free Trade Agreement (‘‘CAFTA–DR Agreement’’) The Committee for the Implementation of Textile Agreements. ACTION: Determination to add a product in unrestricted quantities to Annex 3.25 of the CAFTA–DR Agreement. AGENCY: EFFECTIVE DATE: August 3, 2016. SUMMARY: The Committee for the Implementation of Textile Agreements (‘‘CITA’’) has determined that certain two-ply polyester yarn, as specified below, is not available in commercial quantities in a timely manner in the CAFTA–DR countries. The product will be added to the list in Annex 3.25 of the CAFTA–DR Agreement in unrestricted quantities. FOR FURTHER INFORMATION CONTACT: Richard Stetson, Office of Textiles and Apparel, U.S. Department of Commerce, (202) 482–3400. For Further Information On-Line: http://web.ita.doc.gov/tacgi/ CaftaReqTrack.nsf under ‘‘Approved Requests,’’ Reference number: 202.2016.06.01.Yarn.ST&RforPolartec. SUPPLEMENTARY INFORMATION: Authority: The CAFTA–DR Agreement; Section 203(o)(4) of the Dominican Republic-Central AmericaUnited States Free Trade Agreement Implementation Act (‘‘CAFTA–DR Implementation Act’’), Public Law 109– 53; and Presidential Proclamations 7987 (February 28, 2006) and 7996 (March 31, 2006). Background: Annex 3.25 of the CAFTA–DR Agreement contains a list of fabrics, yarns, and fibers that the Parties to the CAFTA–DR Agreement have determined are not available in commercial quantities in a timely manner in the territory of any Party. Articles 3.25.4 and 3.25.5 of the CAFTA–DR Agreement provide that this list may be modified if the United States determines that a fabric, yarn, or fiber is not available in commercial quantities E:\FR\FM\03AUN1.SGM 03AUN1 asabaliauskas on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 149 / Wednesday, August 3, 2016 / Notices in a timely manner in the territory of any Party. Section 203(o)(4) of the CAFTA–DR Implementation Act authorizes the President to make determinations regarding commercial availability of fabrics, yarns and fibers in the CAFTA–DR countries and to proclaim modifications to the list in Annex 3.25. The CAFTA–DR Implementation Act requires the President to establish procedures governing the submission of a request and providing opportunity for interested entities to submit comments and supporting evidence before a commercial availability determination is made. In Presidential Proclamations 7987 and 7996, the President delegated to CITA the authority under section 203(o)(4) of CAFTA–DR Implementation Act for modifying the Annex 3.25 list. Pursuant to this authority, on September 15, 2008, CITA published modified procedures it would follow in considering requests to modify the Annex 3.25 list of products determined to be not commercially available in the territory of any Party to CAFTA–DR (Modifications to Procedures for Considering Requests Under the Commercial Availability Provision of the Dominican Republic-Central America-United States Free Trade Agreement, 73 FR 53200) (‘‘CITA’s procedures’’). On June 1, 2016, the Chairman of CITA received a Request for a Commercial Availability Determination (‘‘Request’’) from Sandler, Travis & Rosenberg, P.A. on behalf of Polartec LLC. (‘‘Polartec’’) for a certain two-ply polyester yarn, as specified below. On June 3, 2016, in accordance with CITA’s procedures, CITA notified interested parties of the Request, which was posted on the dedicated Web site for DR–CAFTA Commercial Availability proceedings. In its notification, CITA advised that any Response with an Offer to Supply (‘‘Response’’) to the Request must be submitted by June 15, 2016, and any rebuttal comments to a Response (‘‘Rebuttal’’) must be submitted by June 21, 2016. On June 15, 2016, the Chairman received two Responses: one from CS Central America S.A. de C.V (‘‘CSCA’’), and one from Unifi Manufacturing, Inc (‘‘Unifi’’). On June 24, 2016, Unifi withdrew its Response. On June 28, 2016, Polartec submitted its Rebuttal. In accordance with Section 203(o)(4) of the DR–CAFTA Implementation Act, Article 3.25 of the DR–CAFTA, and section 8(c)(4) of CITA’s procedures, because there was insufficient information to make a determination within 30 U.S. business days, CITA extended the deadline to make its VerDate Sep<11>2014 18:21 Aug 02, 2016 Jkt 238001 determinations by 14 U.S. business days, and called for a public meeting on July 8, 2016, to collect additional information from representatives of Polartec and CSCA and provide the interested entities with an opportunity to submit additional evidence to support their claims regarding the capability of CSCA to supply the subject yarn. At CITA’s request, additional information was submitted by CSCA for the record on July 12 and July 13, 2016. Section 8 of CITA’s procedures provide that after receiving a Request, a determination will be made as to whether the subject product is available in commercial quantities in a timely manner in the CAFTA–DR countries. In the instant case, CSCA provided several samples to Polartec, which both CSCA and Polartec had tested to determine if the samples met the required specifications. Because the test results provided for the record were inconclusive, CITA looked to other information in the record to determine whether CSCA had demonstrated it had the capability of supplying the subject product as specified. Section 6(b)(3)(iv) of CITA’s procedures state that ‘‘regardless of whether a sample is provided, a respondent must demonstrate its ability to produce the subject product by providing sufficient relevant information regarding their production capability.’’ The record clearly indicates that, while CSCA provided some information regarding their current production and development timeline, CSCA had not provided any information regarding its production process, specifically with respect to: (1) How its experience with its current yarn production imparted the necessary expertise to make yarns with the specified physical properties and performance characteristics; or (2) what kind of modifications CSCA would have to make to its current yarn production processes to produce the subject yarn. CITA finds that, given the differences between the yarns CSCA currently produces and the specifications of the subject yarn, this information was necessary to adequately demonstrate CSCA’s capability to supply the subject yarn, which requires significantly different physical properties and performance characteristics. CSCA had several opportunities to present CITA with the information required under its procedures, but failed to do so in the course of due diligence, in its Response, or in the public meeting. Therefore, because CSCA did not provide sufficient relevant information regarding its production capability as required under CITA’s procedures, CSCA did not PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 51191 demonstrate its capability to produce the subject yarn in commercial quantities in a timely manner. Therefore, in accordance with section 203(o) of the CAFTA–DR Implementation Act, and Section 8 of CITA’s procedures, as no interested entity has substantiated its ability to supply the subject product in commercial quantities in a timely manner, CITA has determined to add the specified fabric to the list in Annex 3.25 of the CAFTA–DR Agreement. The subject product has been added to the list in Annex 3.25 of the CAFTA– DR Agreement in unrestricted quantities. A revised list has been posted on the dedicated Web site for CAFTA–DR Commercial Availability proceedings. Specifications: Certain Two-Ply Polyester Yarn HTSUS: 5402.33.60. Fiber Content: 100% Polyester (60– 66% Cationic, 34–40% Disperse). Number of Plies: 2. Yarn Size: 122 Metric (73.8 denier/82 decitex) to 103 Metric (87 denier/97 decitex). Filaments: 144 total. Yarn Properties: False Twist Textured—Mechanical process by which POY material(s) are heated, drawn, twisted/untwisted, and heat set in order to add bulk and comfort characteristics. 3.12 to 3.45 Break Force/Tenacity (CN) (ISO 2062) 30.68 to 33.92% Elongation (ISO 2062) 7.5 to 8.5% Crimp contraction (ASTM D4031) 8.0 to 8.8% Shrinkage (ASTM D2259) 154 to 170 Interlace per meter (manual count in 10 cm section—extrapolated to 1 m 2.5 to 2.7% Oil pick up (ASTM D2257) NOTE: The yarn size designations describe a range of yarn specifications for yarn before knitting, dyeing and finishing of the fabric. They are intended as specifications to be followed by the mill in sourcing yarn used to produce fabric. Dyeing, finishing, and knitting can alter the characteristics of the yarn as it appears in the finished fabric. This specification therefore includes yarns appearing in the finished fabric as finer or coarser than the designated yarn sizes provided that the variation occurs after processing of the greige yarn and production of the fabric. The specifications for the yarn apply to the yarn itself prior to cutting, sewing and finishing of a finished garment. Such processing may alter the measurements. Janet E. Heinzen, Acting Chairman, Committee for the Implementation of Textile Agreements. [FR Doc. 2016–18345 Filed 8–2–16; 8:45 am] BILLING CODE 3510–DR–P E:\FR\FM\03AUN1.SGM 03AUN1

Agencies

[Federal Register Volume 81, Number 149 (Wednesday, August 3, 2016)]
[Notices]
[Pages 51190-51191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18345]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Determination Under the Textile and Apparel Commercial 
Availability Provision of the Dominican Republic-Central America-United 
States Free Trade Agreement (``CAFTA-DR Agreement'')

AGENCY: The Committee for the Implementation of Textile Agreements.

ACTION: Determination to add a product in unrestricted quantities to 
Annex 3.25 of the CAFTA-DR Agreement.

-----------------------------------------------------------------------

EFFECTIVE DATE:  August 3, 2016.
SUMMARY: The Committee for the Implementation of Textile Agreements 
(``CITA'') has determined that certain two-ply polyester yarn, as 
specified below, is not available in commercial quantities in a timely 
manner in the CAFTA-DR countries. The product will be added to the list 
in Annex 3.25 of the CAFTA-DR Agreement in unrestricted quantities.

FOR FURTHER INFORMATION CONTACT: Richard Stetson, Office of Textiles 
and Apparel, U.S. Department of Commerce, (202) 482-3400.
    For Further Information On-Line: http://web.ita.doc.gov/tacgi/CaftaReqTrack.nsf under ``Approved Requests,'' Reference number: 
202.2016.06.01.Yarn.ST&RforPolartec.

SUPPLEMENTARY INFORMATION: 
    Authority: The CAFTA-DR Agreement; Section 203(o)(4) of the 
Dominican Republic-Central America-United States Free Trade Agreement 
Implementation Act (``CAFTA-DR Implementation Act''), Public Law 109-
53; and Presidential Proclamations 7987 (February 28, 2006) and 7996 
(March 31, 2006).
    Background: Annex 3.25 of the CAFTA-DR Agreement contains a list of 
fabrics, yarns, and fibers that the Parties to the CAFTA-DR Agreement 
have determined are not available in commercial quantities in a timely 
manner in the territory of any Party. Articles 3.25.4 and 3.25.5 of the 
CAFTA-DR Agreement provide that this list may be modified if the United 
States determines that a fabric, yarn, or fiber is not available in 
commercial quantities

[[Page 51191]]

in a timely manner in the territory of any Party. Section 203(o)(4) of 
the CAFTA-DR Implementation Act authorizes the President to make 
determinations regarding commercial availability of fabrics, yarns and 
fibers in the CAFTA-DR countries and to proclaim modifications to the 
list in Annex 3.25. The CAFTA-DR Implementation Act requires the 
President to establish procedures governing the submission of a request 
and providing opportunity for interested entities to submit comments 
and supporting evidence before a commercial availability determination 
is made. In Presidential Proclamations 7987 and 7996, the President 
delegated to CITA the authority under section 203(o)(4) of CAFTA-DR 
Implementation Act for modifying the Annex 3.25 list. Pursuant to this 
authority, on September 15, 2008, CITA published modified procedures it 
would follow in considering requests to modify the Annex 3.25 list of 
products determined to be not commercially available in the territory 
of any Party to CAFTA-DR (Modifications to Procedures for Considering 
Requests Under the Commercial Availability Provision of the Dominican 
Republic-Central America-United States Free Trade Agreement, 73 FR 
53200) (``CITA's procedures'').
    On June 1, 2016, the Chairman of CITA received a Request for a 
Commercial Availability Determination (``Request'') from Sandler, 
Travis & Rosenberg, P.A. on behalf of Polartec LLC. (``Polartec'') for 
a certain two-ply polyester yarn, as specified below.
    On June 3, 2016, in accordance with CITA's procedures, CITA 
notified interested parties of the Request, which was posted on the 
dedicated Web site for DR-CAFTA Commercial Availability proceedings. In 
its notification, CITA advised that any Response with an Offer to 
Supply (``Response'') to the Request must be submitted by June 15, 
2016, and any rebuttal comments to a Response (``Rebuttal'') must be 
submitted by June 21, 2016.
    On June 15, 2016, the Chairman received two Responses: one from CS 
Central America S.A. de C.V (``CSCA''), and one from Unifi 
Manufacturing, Inc (``Unifi''). On June 24, 2016, Unifi withdrew its 
Response. On June 28, 2016, Polartec submitted its Rebuttal.
    In accordance with Section 203(o)(4) of the DR-CAFTA Implementation 
Act, Article 3.25 of the DR-CAFTA, and section 8(c)(4) of CITA's 
procedures, because there was insufficient information to make a 
determination within 30 U.S. business days, CITA extended the deadline 
to make its determinations by 14 U.S. business days, and called for a 
public meeting on July 8, 2016, to collect additional information from 
representatives of Polartec and CSCA and provide the interested 
entities with an opportunity to submit additional evidence to support 
their claims regarding the capability of CSCA to supply the subject 
yarn. At CITA's request, additional information was submitted by CSCA 
for the record on July 12 and July 13, 2016.
    Section 8 of CITA's procedures provide that after receiving a 
Request, a determination will be made as to whether the subject product 
is available in commercial quantities in a timely manner in the CAFTA-
DR countries. In the instant case, CSCA provided several samples to 
Polartec, which both CSCA and Polartec had tested to determine if the 
samples met the required specifications. Because the test results 
provided for the record were inconclusive, CITA looked to other 
information in the record to determine whether CSCA had demonstrated it 
had the capability of supplying the subject product as specified.
    Section 6(b)(3)(iv) of CITA's procedures state that ``regardless of 
whether a sample is provided, a respondent must demonstrate its ability 
to produce the subject product by providing sufficient relevant 
information regarding their production capability.'' The record clearly 
indicates that, while CSCA provided some information regarding their 
current production and development timeline, CSCA had not provided any 
information regarding its production process, specifically with respect 
to: (1) How its experience with its current yarn production imparted 
the necessary expertise to make yarns with the specified physical 
properties and performance characteristics; or (2) what kind of 
modifications CSCA would have to make to its current yarn production 
processes to produce the subject yarn. CITA finds that, given the 
differences between the yarns CSCA currently produces and the 
specifications of the subject yarn, this information was necessary to 
adequately demonstrate CSCA's capability to supply the subject yarn, 
which requires significantly different physical properties and 
performance characteristics. CSCA had several opportunities to present 
CITA with the information required under its procedures, but failed to 
do so in the course of due diligence, in its Response, or in the public 
meeting. Therefore, because CSCA did not provide sufficient relevant 
information regarding its production capability as required under 
CITA's procedures, CSCA did not demonstrate its capability to produce 
the subject yarn in commercial quantities in a timely manner. 
Therefore, in accordance with section 203(o) of the CAFTA-DR 
Implementation Act, and Section 8 of CITA's procedures, as no 
interested entity has substantiated its ability to supply the subject 
product in commercial quantities in a timely manner, CITA has 
determined to add the specified fabric to the list in Annex 3.25 of the 
CAFTA-DR Agreement.
    The subject product has been added to the list in Annex 3.25 of the 
CAFTA-DR Agreement in unrestricted quantities. A revised list has been 
posted on the dedicated Web site for CAFTA-DR Commercial Availability 
proceedings.

Specifications: Certain Two-Ply Polyester Yarn

    HTSUS: 5402.33.60.
    Fiber Content: 100% Polyester (60-66% Cationic, 34-40% Disperse).
    Number of Plies: 2.
    Yarn Size: 122 Metric (73.8 denier/82 decitex) to 103 Metric (87 
denier/97 decitex).
    Filaments: 144 total.
    Yarn Properties: False Twist Textured--Mechanical process by which 
POY material(s) are heated, drawn, twisted/untwisted, and heat set in 
order to add bulk and comfort characteristics.

3.12 to 3.45 Break Force/Tenacity (CN) (ISO 2062)
30.68 to 33.92% Elongation (ISO 2062)
7.5 to 8.5% Crimp contraction (ASTM D4031)
8.0 to 8.8% Shrinkage (ASTM D2259)
154 to 170 Interlace per meter (manual count in 10 cm section--
extrapolated to 1 m
2.5 to 2.7% Oil pick up (ASTM D2257)


    NOTE: The yarn size designations describe a range of yarn 
specifications for yarn before knitting, dyeing and finishing of the 
fabric. They are intended as specifications to be followed by the 
mill in sourcing yarn used to produce fabric. Dyeing, finishing, and 
knitting can alter the characteristics of the yarn as it appears in 
the finished fabric. This specification therefore includes yarns 
appearing in the finished fabric as finer or coarser than the 
designated yarn sizes provided that the variation occurs after 
processing of the greige yarn and production of the fabric. The 
specifications for the yarn apply to the yarn itself prior to 
cutting, sewing and finishing of a finished garment. Such processing 
may alter the measurements.


Janet E. Heinzen,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.
[FR Doc. 2016-18345 Filed 8-2-16; 8:45 am]
 BILLING CODE 3510-DR-P